1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Indication of basic real estate: The lessee of the second floor among the apartment houses in Daegu-gu, Daegu-gu, the second floor: The deposit for the lease of the Plaintiff: 70 million won (the remainder of the contract amount shall be KRW 65 million on the date of the contract and the remainder of the contract amount shall be paid on August 31, 2014): From August 31, 2014 to August 31, 2016, Article 6 (Cancellation of Contract) shall be repaid to the lessor before the intermediate payment (the remainder if the lessee has no intermediate payment) is paid to the lessor; the lessor may waive the down payment and rescind the contract.

Article 7 (Non-performance of Obligations and Compensation for Damages) If a lessor or lessee has defaulted on the terms and conditions of this Agreement, the other party may notify in writing the person who has defaulted and rescind the contract.

In addition, the parties to the contract may claim damages from the other party due to the cancellation of the contract.

On August 6, 2014, the Plaintiff and the Defendant concluded a lease agreement with the following terms (hereinafter “instant lease agreement”) and the Plaintiff paid 5 million won down payment to the Defendant on the day of the contract.

B. At the time of the conclusion of the instant lease agreement, the said commercial housing was set up a collateral of KRW 221 million with the maximum debt amount set forth in the name of the New Saemaul Depository and the maximum debt amount set forth in the name of the D, respectively, and there was a lessee with opposing power on the first floor of the said commercial housing.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, the purport of the whole pleadings

2. The plaintiff alleged in the parties concerned concluded the instant lease agreement with the knowledge that there is a tenant with opposing power on the first floor of the above commercial housing. After entering into the contract, the plaintiff was aware of the above facts and demanded the defendant to reduce the deposit amount, etc., but the defendant did not comply with such demand, and thus the above lease contract was cancelled. Thus, the defendant is liable to compensate the down payment and the penalty paid to the plaintiff